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Bias (Racial, Gender) in the Courts or in the Profession

National surveys show disparities in how the minority and non-minority publics view the fairness of the justice system. "Unequal justice" was the top issue affecting public trust and confidence in the justice system at the 1999 national conference on the subject. In response, courts and bar associations have established a variety of entities to identify and address disparities. The National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts was established.

In April 2001, the ABA Commission on Women in the Profession released The Unfinished Agenda: Women and the Legal Profession. The Gender Fairness Strategies Project, a creation of the National Association of Women Judges, the national Center for State Courts, the National Judicial College, the ABA Commission on Women in the Profession, and the National Judicial Education Program, released Gender Fairness in the Courts: Action in the New Millennium, a manual to help courts, bar associations, and community organizations eliminate gender bias in the courts.

Sixty-two bar associations or courts indicated in their 2001 survey responses that they support activities to reduce racial, ethnic, and gender bias. Among the many programs are the following:

The State Bar of Michigan’s Open Justice Commission, established in 1998, is actively involved in thirty-five programs related to the elimination of bias based on race, ethnicity, gender, religion, sexual orientation, disability or gender identity. A description of these programs is in the Open Justice Commission information booklet and at www.michbar.org/oj/content.html. The Pennsylvania Supreme Court’s Committee on Racial and Gender Bias in the Justice System began its work in earnest in 2000 and anticipates completion in 2003. Public hearings, focus groups, and working groups throughout the state are involved in researching and discussing the issues.

The South Carolina Bar received a 2000 Model/Demonstration Grant from the ABA Coalition for Justice to develop increased training for the elimination of bias in the justice system. The project was a follow-up to the ten regional Citizens’ Summits on justice that culminated in a statewide conference in1998. The Utah Courts’ Racial and Ethnic Fairness Task Force, which included members of the non-lawyer community as well as judges and lawyers, completed a three year study and submitted its final report in 2001 (http://courtlink.utcourts.gov) with 75 proposals for law enforcement, courts, and corrections.

Additional resources on bias issues include--

  • ABA Council on Racial and Ethnic Justice, Rachel Patrick, Director, 312/988-5408, e-mail: patrickr@staff.abanet.org, www.abanet.org/r&ejustice/home.html;
  • ABA Commission on Racial and Ethnic Diversity in the Profession, Sandra Yamate, Director, 312/988-5643, e-mail: abaminority@abanet.org, www.abanet.org/minorities/contact/home.html;
  • ABA Commission on Women in the Profession, Veronica Munoz, Director, 312/988-5715, e-mail: munozv@staff.abanet.org, www.abanet.org/women/activities.html;
  • the plain-language Roadmap booklet, "Racial and Ethnic Bias in the Justice System," providing information and specific examples of projects and programs focused on bias issues and "Attacking Bias in the Justice System: A Compendium of Program Alternatives,"— both available through the ABA Coalition for Justice website at www.abanet.org/justice
  • National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts, National Center for State Courts, 300 Newport Ave., Williamsburg, VA 28185, Linda Perkins at 757/259-1537 or Chris Ryan at 303/308-4304.

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